[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1025.33]

[Page 81-82]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1025--RULES OF PRACTICE FOR ADJUDICATIVE PROCEEDINGS--Table of Contents
 
                Subpart D--Discovery, Compulsory Process
 
Sec.  1025.33  Production of documents and things.

    (a) Scope. Any party may serve upon any other party a request:
    (1) To produce and permit the party making the request, or someone 
acting on behalf of that party, to inspect and copy any designated 
documents (including writings, drawings, graphs, charts, photographs, 
phono-records, and any other data compilation from which information can 
be obtained, translated, if necessary, by the party in possession 
through detection devices into reasonably usable form), or to inspect 
and copy, test, or sample any tangible things which constitute or 
contain matters within the scope of Sec.  1025.31(c) and which are in 
the possession, custody, or control of the party upon whom the request 
is served, or
    (2) To permit entry upon designated land or other property in the 
possession or control of the party upon whom the request is served for 
the purpose of inspection (including photographing),

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or sampling any designated object or operation within the scope of Sec.  
1025.31(c).
    (b) Procedure for request. The request may be served at any time 
after the filing of an answer without leave of the Presiding Officer. 
The request shall set forth the items to be inspected, either by 
individual item or by category, and shall describe each item or category 
with reasonable particularity. The request shall specify a reasonable 
time, place, and manner for making the inspection and performing the 
related acts.
    (c) Procedure for response. The party upon whom the request is 
served shall respond in writing within thirty (30) days after service of 
the request. The Presiding Officer may allow a shorter or longer time 
for response. The response shall state, with respect to each item or 
category requested, that inspection and related activities will be 
permitted as requested, unless the request is objected to, in which 
event the reasons for objection shall be stated. If objection is made to 
only part of an item or category, that part shall be specified. The 
party submitting the request may move for an order under Sec.  1025.36 
with respect to any objection to or other failure to respond to the 
request or any part thereof, or to any failure to permit inspection as 
requested.
    (d) Persons not parties. This section does not preclude an 
independent action against a person not a party for production of 
documents and things.